Hirst's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of July Term 1879, No. 78. Appeal of Mrs. Lydia B; Hirst from the decree of the court dismissing her exceptions to the adjudication of the judge before whom her account as executrix of William L. Hirst, deceased, was filed. William L. Hirst died August 80th 1876, leaving a will dated February 22d 1875, wherein he appointed his wife, the appellant, his executrix.
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Appeal from the Orphans’ Court of Philadelphia county: Of July Term 1879, No. 78. Appeal of Mrs. Lydia B; Hirst from the decree of the court dismissing her exceptions to the adjudication of the judge before whom her account as executrix of William L. Hirst, deceased, was filed. William L. Hirst died August 80th 1876, leaving a will dated February 22d 1875, wherein he appointed his wife, the appellant, his executrix. By this will he devised to his wife his house ami lot on Logan Square in fee-simple, and gave her the personal property therein. The residue of his estate he gave to his wife to…
1Opinion of the CourtJustice Trunkey
It is a settled rule that the devisee of land, acquired by a testator, subject to a subsisting encumbrance created by a former owner, takes it charged with the encumbrance, without any claim for its satisfaction out of the personal estate, unless the will clearly indicates an intention to charge such encumbrance on the personal assets, or the testator has so dealt with the encumbrance as to make it his proper debt. Upon an exhaustive review, Chancellor Kent stated the result of the cases to be, that as to wills, the testator may, by. express directions, charge such an encumbrance upon his…
2Cited by8 opinions
- May's EstateSupreme Court of Pennsylvania · 1907
- Fair Oaks Building & Loan Ass'n v. KahlerSupreme Court of Pennsylvania · 1935
- Williamson EstateSuperior Court of Pennsylvania · 1947
- Peters's EstateSuperior Court of Pennsylvania · 1901
- Brooks EstatePennsylvania Orphans' Court, Philadelphia County · 1955
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